Delaying Justice is Denying Justice Final report of the Standing Senate Committee on Legal and Constitutional Affairs

Canada’s criminal justice system is in urgent need of reform. Delays in criminal proceedings have become a significant problem as it takes too long for many criminal cases to reach a final disposition. Lengthy trials and multiple adjournments are particularly hard on victims and their families, as well as on accused persons, whose stress can be worsened as the time between the laying of charges and the end of the trial stretches out month after month. When these delays become very lengthy, courts may find that the accused’s constitutional right to a trial within a reasonable time (as guaranteed by section 11(b) of the Canadian Charter of Rights and Freedoms) has been breached. If this happens, the only judicial remedy available in Canada is an order for a stay of proceedings, which ends the process without a completed trial on the merits of the case.